Is using the word ‘Exclusive’ misleading?

[typarkpony]

I bid on an item that was advertised as 'Exclusive', thinking it was a different version of something I had already ordered from outside of EBay.   It turns out that it's exactly the same as what I'd ordered from an outside company prior to bidding. 

I contacted the seller (as I was the winning bid) and explained that I'd made a mistake, and asked if I could cancel.  While she didn't actually say 'yes, she would cancel', I took her (abusive) emails to mean that.    She's now opened an unpaid item case against me, before the deadline payment date anyway.

i fully understand I've made a mistake, but I'm wondering how she can use the word 'exclusive' in capital letters on the listing when the item was/is available from other sellers on EBay and outside. Is this false advertising? 

Do I have any way of resolving this now, as she won't answer my messages anymore?

[padi*0409]

Either pay for it (as the details you needed were obviously in the listing description) or let the UPI run it's course and wear the strike against you. One strike won't affect you but 2 or more in 12 months will stop you buying from any seller with their "buyer blocks" in place.

[sandypebbles]

Did the ad actually state the item was exclusive to eBay

Or was that your interpretation of what the listing meant?

There is a big difference between the two

Did the pictures in the listing show it was a different version to the other one?

[typarkpony]

The ad said 'this is the Exclusive version', which I took to mean it was different from any other one, as none of the other eBay listing, nor where I bought it from said this.   I don't own the item as yet,I prepaid for it from an outside company.  I 'thought' it looked different from the one I'd ordered, one seemed matt, the other almost metallic.  But, I now realise it was just the photography.

[typarkpony]

The seller has just relisted the same item at the price I paid, but the unpaid item case is still open. Can she do this?

[repentatleisure1952]

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@typarkpony wrote:
The seller has just relisted the same item at the price I paid, but the unpaid item case is still open. Can she do this?

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Well obviously she can do this because you have stated she has done so.

[padi*0409]

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@typarkpony wrote:

The seller has just relisted the same item at the price I paid, but the unpaid item case is still open. Can she do this?

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Normally a seller would wait until the UPI has closed before relisting, if you now pay they will have to end the new listing. What is the item number of it ?

[the_dutchess_of_dork]

No, it is not misleading.

Often a manufacturer will label something as "exclusive".  I collect dolls.  Sometimes manufacturers produce different versions - wearing alternative outfits, for example - or exclusive to particular retailers like Toys R Us.  An ebay seller would not be misrepresenting if they list these as exclusives.  It doesn't mean they are only available from that seller nor even that they are necessarily rare.

The same happens with CDs where a label may release a tour version with an additional disc, for example, or a publisher will release a book with an alternative cover.  Thousands of these items may be produced but they can still be labelled "exclusive".

At any rate, it is probably wise to take these claims with a pinch of salt.  I completely disregard terms like "rare" or "sold out" because they are meaningless.  I have seen sellers with hundreds of items in their stores and almost every item listed as rare.  It really is up to you to do your homework.  If you are a collector you probably have an idea about the rarity or scarcity of an item, do a search or ask the seller questions.

[zanadoo_56]

One thing I have learned from buying on eBay is to take the words 'exclusive' and 'rare' with a grain of salf.

These are words - like 'beauty' - that are in the eye of the behonlder, or at the very least in the eye of sellers with boundless optimism about what the are selling. 😄